Under 8 CFR §319.1(a)(3), if the alien is married to a US citizen the normal 5 year residency requirement is reduced to 3 years if: (1) the US citizen spouse is a US citizen for three years; and (2) the parties have been “living in marital union” for three years. “Living in marital union” has been interpreted to mean actually residing together.

When we filed for naturalization, we included extensive evidence that the couple had been living in marital union for the last three years including the home mortgage in both their names and evidence that the couple had tried IVF more than once, and the birth certificate of their child.

The officer found that my client qualified for naturalization, and after administering the naturalization tests, she approved the case.

If you are considering the naturalization process, contact Nelson & Nuñez to schedule a consultation. John Nelson and Jay Nuñez will personally meet with you to help you better understand the process and assess whether your case presents hurdles that would complicate naturalization.